Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1887-09-23

istry that people who feel the hand Of the
law and are conscious OF doing injustice,
resort to-as is fair for counsel if they can
| persuade anybody TO believe ito escape
/ from plain responsibility
The same is true in the reverse order
| The Central Vermont will not he liable un-
der that claim, because they have nothing
10 do with what the Lowell road gets the
moment YOU cross into New Hampshire
and the Lowell nothing TO do with what the
Central Vermont gets the moment the line
of Vermont is crossed the other way.
Neither is responsible. 1t is only necessary
| 20 state such proposition TO see the falla-
/ cy OF it, and make an end Of it. Congress
has not any power over interstate com
merce If that proposition be correct
But, If there being any arrangement TO
do that thing brings them within the iuris-
diction and power Of Congress, then the
doing Of it must be within its remedial pow
err of prohibition. And they do it, will
call your attention TO the case where the
Boston q Lowell, within its own state and
its own corporate boundary makes the
rates you have heard in evidence. 1t does
not charge any more for carrying goods 10
Manchester than it does TO carry them 10
White River Junction, II it is going TO stop
there. Mr.. Mellen tells you with entire
frankness ! get twice as much for doing
that thing TO White River junction as do
if it is going to Montpelier But if it is
| going to be a purely local. intra-state traf-
| tic, then do not charge any more for car
| rying IA thing 20 Manchester than TO White
River junction but if it is going to be in
terstate traffic, then | fly directly in the
face of the law. Although it does not ap-
pear on my tables, yet as a matter of fact
] make an arrangement by which ] get
twice as much for my short distance ms do
for the longer distance of which | form a
| component and arranging part.
| EXCusING CIRCUMSTANCES AND CONDITIONS.
Now, then, We come b. the only question
IN this case, that is under section f. as TO
whether it is made out that the circum-
| stances and conditions are such that YOU are
bound to find or ought 10 find fairly and
| justly, that these companies ought 70 be re
| licved from this duty. ! will say something
later upon the question under the other part
| of the statute. The first reason they urge
| as an eXcusiug circumstance is the length Of
their line. | respectfully submit that the
length If line over the same line over which
the freight goes any short distance and long
| distance, is no different as to these roads
than 1t can be on any other line in the cuun-
| try. So that length " line only enters rs
one element ia the matter Of competition at
some distant point " the system, and in no
| other respect whatever
Then you come 10 the difficulty Of wealth
| er and climate. Is that an element that
makes "a special circumstance and condition
| over the same line II live in the tropics.
where there is no snow at all. is it 10 he said
that because il is hotter at one place ON the
line than 1t is at another point on the same
| line, there is a reason for making U differ
ence IN the rates h. those respective points :
OF course not. II | live in the Arctics. as
we do here in the winter does it cost a rail
road any more to haul a short distance
through the snow and get its cars out Of the
snowhnnks than it does to haul 1t "A longer
| distance over the mountains in the winter :
| 1t must cost less under the circumstances
for the shorter distance The idea. there
fore, that the snow or the grades claim has
/ anything to do with this question Of charg-
/ ing more for short distance than for "A
| longer one over the same line j. prepustcr
Gus, with all respect to the honorcd gentle.
men ON the other side
TWO SIDES To- ruF QUESTION
There are two side, to the subject II mon
| ey making and profits It might bee added
These railroads appeal to YOU to allow them
| 10 make fair profit a. much as they fairly
and reasonably can. That Is proper enough.
But they owe the same duty 10 their Gus
| toners and YOU owe the same duty % their
customers. The weather Is no colder for
| the railroads in Vermont than it is for the
| farmer. 1t Is no colder in Vermont in the
winter for the railroad than 1t is for the
manufacturer, ur the passenger or ANYBODY
else. They are all under precisely the same
| conditions on the same line. as Of course
| they must be Therefore. all those consid-
erations fail, entering for what they are
worth merely into the consideration Of com
petition AT distant point
Now, then. ! submit with great respect,
| and think 1t will turn out to be- SO in the
| next ten years, not upon any supposed con
| struction of this law that YOU may make.
or upon any too extended construction Of
1t, but rs a fact in the social economies Of
this country. resting upon justice which
gives u every man his due and fair play to
| all, that every service that railroad or any
body else does for another under public reg
ulatons, and of which he is not the master
IA every nan has right 10 receive profit
from ms labor which he can sell at any price
he chooses to take, or not. j will bee regulat-
ed according o. the value Of the services
performed and not according 10 the particu-
lar circumstances of the person or the cor
has "A miller, for illustration. t. charge me
ten cents bushcl for grinding wheat he
cause there Is a mortgage on his mill Z
W hat right has a railroad company, like one
out IN Ohio managed by Ives. To put its
rates up double because double the amount
Of It's stock has been fraudulently issued
INTO innocent hands ! viii assume and
therefore, 10 pay profit the rates must he
raised. and the public made To paw it , Whnt
right has "A railroad b. put up It's rates above
far value for the service performed be
cause the management has been eNtravagant
or unfortunate, and got itself into debt
deny the proposition And / say that in
less than ten years, unless the people Of the
United states have lost their reason, this
matter will Ice dealt with by congress. a.
far As they have the power, and you will
not be troubled with any question about
considerations rs 10 comuetition You viii
only be troubled with the question of what
is reasonable according to the value of the
service performed, because that stands, and
can only stand upon principles that are be
yond the reach Of any cnntrivances that
men may make
But We will take it a. it is ! say on the
construction of this law itself. fairly and
justly, on the special circumstances aud con
dltlons, that the fact that there is cumpeti
ton, although II Is the strongest that there
Is, Is yet the very smallest Of elements that
should enter into the consideration of this
question, The object and purpose of con.
gress in making use of that phrase was to
guard against some extreme and possible
circumstances that could not be foreseen. Ii
was intended that those special circum.
stances and conditions related 10 the work
and the service to be done and the relations
of the parties between whom and by whom
it was 10 be done, aud not the relations eth
er Of the shippers TO the business, or the
railroad to Its competitors its enemies or its
friends
But We viii suppose it is not so. We will
suppose that competition is an element to bee
considered Where would you find your
selves, then, upon any such competition as
exists here Here is this line. and here are
the other lines in New England connecting
for this traffic the lines from Boston 10 the
West crossing the state of New York, or
from Baltimore 10 the West from Savan-
nah to the West aud East and North and
South, Every road can say the same thing
and be excused from compliance with the
requirements Of the law. As an illustration
Of my idea take the Passumpsic line, if that
be an independent one. 1t will form a good
basis for example because it is a parallel
line 10 the Central Vermont in this same
north country, and competitor with the
Central Vermont. If a charge were brought
against the Passumpsic, that road would
say, l am in competition. You must not
touch me. / must charge more for the
shorter than for the longer distance, because
there is such IA strong competition to con
tend against. The Boston & Albany could
say, we are in competition with the Fitch
burg. OR the Erie could say we are in
competition with the New York Central
And 50 every one Of these corporations could
let the other one out 10y the shuhling Of the
carls Ii Mnnlh be- snmn ANhnt a fter liz rln,